Rex Anderson · Dan Ambrose
Hannah v Simms Dog Bite Verdict - $91,500.00 + $83,295.00 Sanctions With Interest Judgement For $178,736.08
June 26, 2024 5:30 PM||
February 2019 Defendant home / dog owner invited Plaintiff plumber inside to install basement sink. Almost immediately Defendant picked up his barking dog placing him near Plaintiff’s face saying, “he just needs to smell you.” One bite on both Plaintiff’s upper lip (3 stitches) and lower lip (5 stitches). Plaintiff rushed to Ann Arbor University of Michigan Medicine ER plastics department which did a good plastic repair minimizing the scars. Subsequent medical checkup ten days later at same ER Dept. Total medical billing under $1500.00.
Plaintiff retained counsel within a couple weeks. After nearly one year Insurance adjuster finally offered $7500. We filed action a few months later.
Plaintiff is Iraq combat war vet from 10 years earlier. Nice guy No nonsense. 4 months after dog bite his spouse insists, he seek counseling due to heightened anxiety after the dog bite. Counsellor diagnosed him with pre-existing combat related PTSD previously undiagnosed.
Three depositions, defendant, plaintiff, and plaintiff’s wife.
Case evaluation $60,000.00
Offer of judgement $60,000.00
Two-day jury trial June 30-31, 2023, both Plaintiff and wife testified about the about the painful, 1-month recovery / healing for his lips, his heightened anxiety around strange barking dogs. Within 12 months he stopped working in field and took desk job with his employer Franklin Plumbing.
Defendant dog owner is a nice guy, admitted liability under statue and contested negligence.
Plaintiff initially refused to produce his counseling / therapy records in discovery so the Judge precluded/dismissed his count for aggravation of pre-existing PTSD and instructed jury not to award damages for aggravated PTSD. Ouch.
Award - $50,000.00 for past non-economic, $1500 economic, $10,000.00 in futures for next four years. Total $91,500.00. Judge award awarded $83,295.00 in sanctions, and $11,033.00 interest. Total judgement $178,736.08. Auto Owners Adjuster last offer $7500.00 before trial.
